- (1.) Despite service, none appears for respondent nos. 2 to 9. Leave granted.
(2.) Both the learned Single Judge as well as the Division Bench of the High Court have concluded against the appellant mainly on the ground that the possession, as required under Section 14(5) of the Mysore Land Reforms Act, 1961, as it then existed, was not handed over in favour of the landlord.
(3.) Before proceeding further it is relevant to note the provisions of Sections 14(1) and 14(5) of Mysore Land Reforms Act, 1961 (now called as Karnataka Land Reforms Act, 1961) as they existed in the year 1961-1970, the relevant years for the purpose of this case:- "14. Resumption of land from tenants - (1) Notwithstanding anything contained in Sections 22 and 43, but subject to the provisions of this Section and of Sections 15, 16, 17, 18, 19, 20 and 41, a landlord may, if he bona fide requires land, other than land held by a permanent tenant, - (i) For cultivating personally, or (ii) For any non-agricultural purpose, file with the Tribunal a statement indicating the land or lands owned by him and which he intends to resume and such other particulars as may be prescribed. On such statement being filed, the Tribunal shall, as soon as may be, after giving an opportunity to be heard to the landlord and such of his tenants and other persons as may be affected, and, having due regard to contiguity, fertility and fair distribution of lands, and after making such other inquiries as the Tribunal deems necessary, determine the land or lands which the landlord shall be entitled to resume, and shall issue a certificate to the landlord to the effect that the land or lands specified in such certificate has been reserved for resumption; and thereupon the right to resume possession shall be exercisable only in respect of the lands specified in such certificate and shall not extend to any other land. Explanation - Subject to such rules as may be prescribed, the Tribunal within the jurisdiction of which the greater part of the land held by the landlord is situated shall be the Tribunal competent to issue a certificate under this Section. 14(5) Where a certificate is issued in respect of any land under sub-section (1) (a) In the case of tenancies existing on the appointed day, the landlord shall make an application to the Tribunal for possession of such lands within twelve months from the date of issue of the certificate, but the tenants shall not be dispossessed before the 31st March of the calendar year succeeding the calendar year in which the application for possession is made; (b) In the case of tenancies created after the appointed day, the landlord shall not be entitled to resume the land before the expiry of five years from the date of creation of the tenancies concerned and the tenants shall not be dispossessed before the 31st March of the calendar year succeeding the calendar year in which the application for possession is made." From the scheme of afore-mentioned provisions it is clear that the landlord could have filed an application if he needed the land for bona-fide use and occupation before the Tribunal seeking resumption of the land from the tenants. The order was to be passed by the Tribunal under Section 14(1) of the Act on such application being filed by the landlord. A certificate would be issued by the Tribunal in case the application of the landlord for resumption was allowed. The landlord would take possession of the property by making further application before the Tribunal with support of the certificate issued as mentioned supra. Pursuant thereto, the tenants would be dispossessed before the 31st March of the calendar year succeeding the calendar year in which the application for possession was made. In the matter on hand the compromise entered into as well as the order accepting the compromise passed by the Tribunal was a composite order made under Sections 14(1) and 14(5) of the Mysore Land Reforms Act, 1961. It is relevant to note herein itself that the Tribunal during the relevant point of time was to be constituted under Section 111 of the Mysore Land Reforms Act, 1961. Section 111 (as it then existed) reads thus: "111. Constitution of Tribunal - (1) The State Government may, by notification, constitute for the area specified therein a Land Tribunal consisting of a sole member who shall be a judicial officer of the rank of a Munsiff who shall perform all the functions of the Tribunal under this Act. (2) For any area for which a Tribunal has not been constituted, the Munsiff having jurisdiction over such area or any other judicial officer authorised in this behalf by the State Government shall exercise all the powers and perform all the duties and functions of the Tribunal under this Act. Explanation:- For the purpose of this section, a Munsiff means (i) in the Bombay Area, a Civil Judge (Junior Division); and (ii) in the Madras Area, a District Munsiff." From the afore-mentioned provision it is clear that the Land Tribunal was to be constituted of a sole member who shall be a judicial officer. In the matter on hand also the compromise was entered into before the Munsiff/Tribunal and the same was recorded as per law.;